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MILLER v. CITY OF ALBANY

278 A.D.2d 647 (2000)

717 N.Y.S.2d 697

RICHARD P. MILLER et al., Appellants, v. CITY OF ALBANY, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided December 14, 2000.

Rose, J.

Plaintiff Dorothy M. Miller (hereinafter plaintiff) tripped and fell as she crossed a metal plate that was two inches lower than the surface of the surrounding sidewalk on Hudson Avenue in the City of Albany. Plaintiff and her husband, derivatively, commenced this action seeking recovery for personal injuries sustained in her fall. Defendant moved for summary judgment dismissing the complaint on the ground that there

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